Medical Malpractice Lawsuit in California

Statute of Limitations: California requires medical malpractice claims to be filed within 3 years of the negligent act or 1 year from the date the plaintiff discovered — or reasonably should have discovered — the injury, whichever occurs first. A 6-month notice of intent to sue must be served on each defendant before filing, which tolls the SoL during that period. Minors have until age 8 or 3 years from the act, whichever is later.

Non-Economic Damages Cap (MICRA): Under California's Medical Injury Compensation Reform Act (MICRA), non-economic damages — including pain and suffering — are capped at $350,000 for claims filed on or after January 1, 2023 (up from the prior $250,000 cap). The cap rises to $500,000 for wrongful death cases. Effective 2034, the cap adjusts annually for inflation. Economic damages (medical bills, lost wages) remain uncapped.

Pre-Suit Requirements: California does not require a certificate of merit or expert affidavit before filing. However, the 90-day notice of intent (CCP § 364) must be served, triggering a 90-day tolling window during which the parties may negotiate. No pre-suit screening panel is required.

Venue: Cases are filed in the Superior Court of the county where the defendant physician or hospital is located, where the negligent act occurred, or where the plaintiff resides. Most California medical malpractice actions are venued in the county where the care was rendered. No federal jurisdiction applies absent complete diversity with an amount in controversy exceeding $75,000.